Despite the principle of personal service of legal documents (I), the exception of home service is becoming the rule (II).
The principle of personal service
Under article 654 of the Code of Civil Procedure :
"Service must be made personally.
Service on a legal person is effected personally when the document is delivered to its legal representative, to an authorised representative of the latter, or to any other person authorised for this purpose.
This principle is prescribed on pain of nullity, in which case it will be necessary to demonstrate a grievance in order for the nullity to be pronounced (Cour de cassation, Second Civil Chamber, 16 July 1982, no. 81-11.174).
Article 655 of the Code of Civil Procedure states that :
"If personal service proves impossible, the document may be delivered either at the domicile or, if the domicile is not known, at the residence.
The court commissioner must describe in the document the steps he has taken to effect service on the addressee and the circumstances in which it was impossible to effect such service.
The copy may be given to any person present at the home or residence of the recipient.
The copy may only be left if the person present accepts it and declares their full name and capacity.
In all these cases, the court commissioner must leave a dated notice at the domicile or residence of the addressee, informing him of the delivery of the copy and mentioning the nature of the document, the name of the applicant and details of the person to whom the copy has been delivered.
The circumstances justifying the departure from the principle of personal service must be described with sufficient precision (Cour de cassation, Third Civil Chamber, 21 February 2001, no. 99-14.688, no. 99-16.979).
If service cannot be effected personally, it may be effected at home.
The home service exception
Under article 656 of the Code of Civil Procedure :
"If no one is able or willing to receive a copy of the document and if it appears from the checks made by the court commissioner, which will be mentioned in the document of service, that the addressee does indeed live at the address indicated, service will be made at the addressee's domicile. In this case, the court commissioner will leave a notice at the addressee's home or residence in accordance with the provisions of the last paragraph of article 655. This notice also states that the copy of the document must be collected as soon as possible from the office of the court commissioner, against a receipt or a certificate of attendance, by the interested party or by any person specially authorised to do so.
The copy of the deed is kept at the office for three months. After this period, the court commissioner is discharged.
The court commissioner may, at the request of the addressee, forward the copy of the document to another office where it can be collected under the same conditions.
Home service may only be effected if the court-appointed agent establishes that the addressee of the document does indeed live at the address indicated. Thus, the mere failure of a member of a social security scheme to comply with his obligation to declare his change of situation or address does not relieve the court commissioner of his obligation to take the steps prescribed by law (Cour de cassation, Second Civil Chamber, 4 March 2021, no. 19-25.291).
In addition, a document may not be served at a place where the addressee is merely carrying out a professional activity (Cour de cassation, Second Civil Chamber, 4 June 2009, no. 08-12.491).
Under article 657 of the Code of Civil Procedure, where the document is not delivered in person, the court commissioner must state on the copy the conditions under which delivery was made.
Article 658 of the Code of Civil Procedure requires the court commissioner to notify the interested party by ordinary letter if he has not delivered the document in person but at his home address.
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